ScienceRise Juridical Science最新文献

{"title":"Pollution and damage to land resources of Ukraine as a sign of criminal offenses against peace, human security and international law and order in the context of russian military aggression","authors":"A. Shulha","doi":"10.15587/2523-4153.2023.283449","DOIUrl":"https://doi.org/10.15587/2523-4153.2023.283449","url":null,"abstract":"The article deals with the issues related to the legal protection of land resources of Ukraine, which were significantly negatively affected during the military aggression and hostilities by the so-called rusian federation. The article identifies and analyzes the types of pollution and damage to land resources arising from military aggression and hostilities by the rusian federation as an aggressor country. Such pollution and damage to land resources is called military-technogenic pollution of land resources. It is stated, that the conduct of not only active but also passive hostilities causes irreparable damage to land resources. This is manifested in mechanical, physical, chemical, and biological contamination of the soil cover of lands of various categories. Also, for example, digging trenches, fortified areas, ammunition and personnel storage facilities, and caponiers for military equipment causes degradation of the soil cover. The consequences of these actions indicate the presence of signs of such a criminal offense as \"Ecocide\" – Article 441 of the Criminal Code of Ukraine. \u0000It is concluded, that: 1) military-technogenic contamination of the soil cover causes direct soil contamination with hazardous substances of a military nature, as well as their degradation; 2) such consequences are socially dangerous for humans and the environment, given the system of interaction \"soil-plant\", \"soil-plant-human\" 3) in general, such contamination of the soil cover should be classified under Article 441 \"Ecocide\" of the Criminal Code of Ukraine without applying the provisions of Section VIII \"Criminal Offenses Against the Environment\"; 4) the establishment of the evidence base should be carried out by joint efforts of national and international law enforcement agencies; 5) compensation for the damage, caused by the pollution and damage to land resources, should be made by way of contribution and reparation from rusia as the aggressor state","PeriodicalId":33324,"journal":{"name":"ScienceRise Juridical Science","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87480160","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Adaptation of environmental protection legislation of Ukraine to the conditions of marital state","authors":"L. Kupchenia, Oksana Sivtsova","doi":"10.15587/2523-4153.2023.283410","DOIUrl":"https://doi.org/10.15587/2523-4153.2023.283410","url":null,"abstract":"The essence of environmental protection legislation is analyzed. For this purpose, foreign and Ukrainian scientific literature as well as normative and legal documents, in which the right of nature protection is enshrined, was studied. It has been proven, that in the conditions of martial law in Ukraine, environmental protection legal acts should be aimed at mitigating the consequences of the armed aggression of the russian federation. For this, it is advisable to use the development of the law of the World Trade Organization. \u0000Environmental legislation is considered in the system of international environmental law (International Environmental Law). This approach is due to the global consequences of Russia's military aggression against Ukraine. Since mitigating the consequences of military actions on the territory of Ukraine requires a return from imbalance to stability, the issue of sustainable development has been brought up to date. Therefore, the essence is outlined and the main goals of sustainable development are listed, the implementation of which guarantees stability in the world, in particular in the field of nature protection. Implementation of the goals of sustainable development in life, restoration of balance in nature and international relations depends on specific subjects, so a list of them is given, and the main powers in the field of nature protection are outlined. \u0000Some decisions of such an international organization as the World Trade Organization regarding the provision of nature protection by economic methods are commented on. \u0000The importance of nature protection organizations in the field of environmental protection, their interaction with subjects of authority is also outlined. \u0000Since nature protection is closely related to the use of natural resources in the process of agricultural production, which guarantees the food security of humanity in general and Ukraine in particular, new approaches of the European Union to the regulation of the Common Agricultural Policy have been studied. \u0000In general, this work is based on the statement about the importance of applying all possible measures to mitigate the impact of Russian military aggression on the environment, in particular in the field of nuclear security. This will make it possible to return to the implementation of the model of sustainable development, the creation of which was aimed at solving the global problems of our time, but the implementation of which is made impossible by the active warfare on the territory of Ukraine","PeriodicalId":33324,"journal":{"name":"ScienceRise Juridical Science","volume":"65 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86890125","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Emergency medical and legal assistance for victims of war-time rape","authors":"T. Vaida","doi":"10.15587/2523-4153.2023.283401","DOIUrl":"https://doi.org/10.15587/2523-4153.2023.283401","url":null,"abstract":"The relevance of the problem of crimes against sexual freedom (rapes), committed by the military men of the aggressor country in the temporarily occupied territories of Ukraine, is determined as a direct violation of domestic legislation and international norms of humanitarian law. \u0000The essence of the crime against sexual freedom and human inviolability as a socio-legal problem and a personal tragedy in the conditions of war is revealed. Attention is paid to the provision of psychological and pre-medical assistance to victims of sexual violence. The organizational and legal response measures of law enforcement agencies and other social institutions of the state to rapes, committed by the occupiers, are revealed, the procedure for investigation and documentation by a special mobile police group of facts of sexual violence by the occupiers is characterised. Recommendations for overcoming agraphobia are given. \u0000In order to provide effective emergency medical and legal assistance to victims of rape in wartime, prevention of agraphobia, it is advisable to take into account a set of conditions: 1) in order to minimize the victim's destructive experiences of rape, it is advisable to use the technique of self-meditation and dissociation, to promote conviction about the guilt of the rapist-occupier; 2) pay attention to medical self-help, taking into account the existing contraindications to the use of available medical products, if possible, contact a gynecologist for a medical examination (avoidance of unwanted pregnancy); 3) provide operational information to law enforcement agencies about the facts of committed crimes, the location of victims, etc., to increase the efficiency of the investigation; 4) to conduct active monitoring of the specified problem by police units in the liberated territories; 5) to carry out mandatory documentation of the fact of the crime in accordance with legal requirements; 6) to take into account certain limitations in the attitude/communication with the injured person in order to avoid further psychological injury","PeriodicalId":33324,"journal":{"name":"ScienceRise Juridical Science","volume":"439 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78229936","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal incidents in the mechanisms of state authority during the legal regime of martial law: movement of military servicemen of the National Guard of Ukraine","authors":"A. Midina","doi":"10.15587/2523-4153.2023.283461","DOIUrl":"https://doi.org/10.15587/2523-4153.2023.283461","url":null,"abstract":"The article is devoted to a comprehensive study of the current legislation, which regulates issues related to the movement of military personnel of the National Guard of Ukraine during the legal regime of martial law. Analyzed such legislative acts as the Laws of Ukraine \"On ensuring the rights and freedoms of internally displaced persons\", \"On military duty and military service\", the Resolution of the Cabinet of Ministers of Ukraine \"On the registration of internally displaced persons\", the Order of the Ministry of Internal Affairs \"On approval of Instructions on the specifics sending military personnel of the National Guard of Ukraine on business trips within Ukraine and abroad” and others. \u0000Based on the results of the study, the author's vision of the causes and conditions that contributed to legal incidents in the mechanisms of state power was formed. It has been determined, that the main reasons contributing to legal incidents in the mechanisms of state power are: 1) the absence or incompleteness of the rules of law necessary for the effective regulation of social and legal relations; 2) subjective interpretation of the rule of law by an individual. The conditions are: 1) the weak legal technique of law enforcement acts; 2) the actual composition of social and legal relations. \u0000Under the weak legal technique of law enforcement acts is meant a weak degree of the system, which is based on the achievements of the theory of law and the principles, methods, means, rules (logical, structural, linguistic), proven by the practice of lawmaking, for the preparation of the regulatory legal and law enforcement acts most qualitatively perfect in form and structure, used in the development and systematization of acts to ensure their perfection. \u0000The actual composition of social legal relations is defined as the presence of all constituent elements of legal facts (a set of various legal facts) of social legal relations, as well as their certain sequential accumulation, a certain order of elements. \u0000Also, the article focuses on the problematic issues that military personnel under contract face during military service","PeriodicalId":33324,"journal":{"name":"ScienceRise Juridical Science","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77932580","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Authority of organs of constitutional jurisdiction on issues of international agreements: the experience of foreign states and Ukraine","authors":"N. Kaminska","doi":"10.15587/2523-4153.2023.283460","DOIUrl":"https://doi.org/10.15587/2523-4153.2023.283460","url":null,"abstract":"In the conditions of Ukraine's implementation of the status of a candidate for EU accession, post-war reconstruction, the Constitutional Court of Ukraine, along with other authorities, is entrusted with the important mission of affirming and implementing universal human values and international standards. The purpose of the article is a comparative analysis of the powers of the organs of constitutional jurisdiction on issues of international treaties, for which the following tasks must be solved: - to find out the state of regulation of the powers of organs of constitutional jurisdiction relating to international treaties in the Constitution of Ukraine and the constitutions of foreign states; - to generalize the trends and regularities of the constitutional and legal provision of powers of these organs in this direction; - to determine prospective directions of improvement of the constitutional and legal regulation of the powers of the ССU in the conditions of European integration. The methodological toolkit of the research consists of general scientific and special legal methods (dialectical, comparative legal, logical, epistemological, axiological, formal-legal, structural-functional, hermeneutic, statistical, prognostic, etc.), systemic, pluralistic, complex approaches, appropriate methodological principles \u0000The constitutional and legal regulation of the powers of organs of constitutional jurisdiction is carried out in the constitutions, in most states there are special laws (constitutional or organic) on the constitutional court (council, tribunal, etc.), which regulate in detail the functions, powers of these organs and their members, the order of formation, procedures of activity etc. The main powers of these organs include, inter alia, consideration of issues of compliance of laws with ratified international treaties, provisions of other acts, issued by central state organs, with the constitution, ratified international treaties and laws (prior and subsequent constitutional control). The scope of competence of the organs of constitutional jurisdiction of foreign states and their effectiveness is much greater than that of the ССU, so it is advisable to modernize it. In particular, the experience of Slovakia and Poland is worth noting, especially in view of their accession to the EU, the expansion of the competence of constitutional jurisdiction organs and certain procedures of their activities, including constitutional control over international treaties","PeriodicalId":33324,"journal":{"name":"ScienceRise Juridical Science","volume":"24 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80041777","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Regarding the state of cybercrime prevention in Ukraine: problems of formation of official statistics","authors":"Vladyslav Havlovskyi, A. Kovalchuk, B. Cherniavska","doi":"10.15587/2523-4153.2023.283561","DOIUrl":"https://doi.org/10.15587/2523-4153.2023.283561","url":null,"abstract":"The article analyzes the types, forms, and content of statistical reporting reflecting the state and structure of cybercrime in Ukraine. It is noted that there is currently no clear definition of the concept of cybercrime in domestic legislation. Among scientists and practitioners, there is also no single approach to delineating the grounds for classifying illegal acts as such crimes. At the same time, such uncertainty has a negative impact on the effectiveness of countering cybercrime in Ukraine. The purpose of the article is a systematic analysis of available state statistical data related to cybercrime, persons who have committed cybercrime, and other data reflected in various sources; an assessment of the structure and content of such data and the possibilities of their use for the prevention and counteraction of cybercrime; coverage of problematic issues related to the formation of official statistical reporting on recorded cybercrimes. On the basis of official state statistical reporting prepared by the Office of the Prosecutor General of Ukraine and the State Judicial Administration of Ukraine, it is possible to analyze a small group of criminal offenses, namely, those provided for by the articles of Chapter XVI of the Criminal Code of Ukraine. \u0000Some of the «traditional crimes» that fall under the concept of cybercrime are reflected in the departmental statistical reporting of the National Police of Ukraine, but it does not cover all cybercrimes and, of course, takes into account only those that are under the jurisdiction of the National Police of Ukraine. It was concluded that there is no official state statistical reporting on cybercrime in Ukraine. Considering the high latency of this type of criminal offense, it can be stated that it is impossible to conduct an analysis that would fully and reliably reflect the state of cybercrime in Ukraine","PeriodicalId":33324,"journal":{"name":"ScienceRise Juridical Science","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83245017","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Comparative legal analysis of processes of merger and accession of economic organizations in national and foreign legislation (EU, UK, USA)","authors":"N. Shcherbakova","doi":"10.15587/2523-4153.2023.283562","DOIUrl":"https://doi.org/10.15587/2523-4153.2023.283562","url":null,"abstract":"Taking into account Provisions of the Association Agreement between Ukraine and the EU in the field of legislation on companies and corporate governance, which leads to the regulation of the activities of corporations, in particular the regulation of the processes of reorganization of economic organizations at the national level to the requirements of international standards and a gradual rapprochement with the rules and recommendations of the EU, a comparative legal research of the process of merger and accession of economic organizations today seems necessary and actual. \u0000It is distinguished, general and distinctive qualifying signs of merger and accession of economic organizations, which will be used to improve the concepts provided to these processes. It is substantiated that mergers and accessions are independent forms of reorganization of economic organizations. \u0000The comparative legal analysis of legislation of Ukraine with the legislation of the EU, the Member States of the EU (Belgium, Germany, France), Great Britain and the USA on the issues of reorganization in the form of merger and accession is provided and the following main conclusions are made: \u0000in the legislation of the EU and in the legislation of the EU Member States there are two ways of merging: (1) “merger by acquisition”/ “merger to an existing company” and (2) “merger by the formation of a new company”/ “merger to a new company”, which in its essence corresponds to such domestic forms of reorganization as “accession” and “merger”, accordingly; \u0000in the legislation of the EU, Great Britain, as well as EU member states, such a category as “accession” is not allocated as an independent legal form of reorganization of the company, but is considered as a kind of “merger” category; \u0000in US Law, merger processes of two or more corporations are indicated by terms such as “merger” and “consolidation”; US Tax Law applies the concept of “corporate reorganization”, which has 7 types of reorganizations (A-G), among which there are one of the types – a type A “statutory merger or consolidation”, which in its essence corresponds to the processes of merger and accession, which is inherent in domestic legislation; \u0000in the legislation of foreign countries, the concepts of “merger”, “consolidation”, “amalgamation”, “acquisition”, “takeover” are similar to each other; in economic essence relate to the forms of business consolidation; act as an instrument to increase the competitiveness of the company; from a legal point of view differ from each other – according to the procedure; \u0000in the legislation and practice of foreign countries, the variety of processes such as “merger”, “consolidation”, “amalgamation”, “acquisition”, “takeover” is covered by a single economic and legal phenomenon, as “Merger and Acquisition” or M&A, which by the legal nature of the concluded agreements is much wider than such domestic forms of reorganization of economic organizations as “merger” and “accession” and is not ","PeriodicalId":33324,"journal":{"name":"ScienceRise Juridical Science","volume":"os-9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87189723","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Compensation for moral damage caused as a result of illegal dismissal to an employee","authors":"O. Panchenko","doi":"10.15587/2523-4153.2023.283419","DOIUrl":"https://doi.org/10.15587/2523-4153.2023.283419","url":null,"abstract":"The employee is always the weaker party in labor relations, because it is the owner who determines the nature, regime and conditions of work, wages, the procedure for calculating fees and penalties. Taking into account the above, the Basic Law of Ukraine guarantees protection against illegal dismissal to all workers. In the case of abuse on the part of the owner, the employee, among other things, has the right to demand compensation for moral damage in the case when illegal dismissal led to his (her) suffering. The purpose of our article is to determine the specifics of compensation for moral damage, caused under the specified circumstances. In the course of the research, the conditions, under which moral damage at dismissal is deemed to have been caused by, were clarified. The grounds for the establishment of labor relations, which are an employment agreement, a contract as a specific form of an employment agreement, and a civil law contract, were defined. It is proved, that the fact of being in an employment relationship can be established extra judicially (by conducting negotiations with the employer or sending appeals simultaneously to the territorial bodies of the State Labor Service of Ukraine and the State Tax Service of Ukraine) or in court (on the basis of Article 315 of the Code of Civil Procedure Code of Ukraine). It is established, that moral suffering of the person, who was illegally dismissed, can be manifested in the victim's negative mental states (stress, depression, anxiety), which are reflected in his (her) consciousness. It is substantiated, that Ukrainian legislation does not directly list actions causing employee’s suffering; however, the Labor Code of Ukraine does not contain any restrictions or exclusions for compensation for moral damage in case of violation of the latter's labor rights. It is stated, that a three-month time limit applies to claims for moral damages in cases, provided for by labor legislation. However, in the case of exceeding it for valid reasons, the district, district in the city, city or city and district court may reinstate it","PeriodicalId":33324,"journal":{"name":"ScienceRise Juridical Science","volume":"73 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84236223","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Application of the right to suspension or complete or partial disclaimer of performance of the obligation in case of failure to fulfill the counter obligation by the counterpart","authors":"Valentyna Skrypnyk","doi":"10.15587/2523-4153.2023.273886","DOIUrl":"https://doi.org/10.15587/2523-4153.2023.273886","url":null,"abstract":"The article is devoted to the application of the right to suspension or complete or partial refusal to perform the obligation in case of non-performance of the counter-obligation by the other party, which provided for in Part 3 of Art. 538 of the Civil Code of Ukraine. \u0000The purpose of the article is to determine the scope and mechanism of application of the creditor's right to suspension or partial or complete refusal to perform in case of default by the debtor (to which obligations the right applies and the mechanism of its implementation). \u0000The material for the study was the scientific works of classic civilians in the field of compulsory, as well as modern research of Ukrainian civilian scientists. \u0000Research results. In the course of the article, the author clarifies which responsibilities should be considered reciprocal, distinction between conflicting and interdependent responsibilities. The author highlights the application of Part 3 of Art. 538 of the Civil Code of Ukraine in case of non-fulfillment by the buyer of the obligation to prepay for the goods. It is proven, that the norm of Part 3 of Art. 538 of the Civil Code of Ukraine may be applied in certain cases to unilateral transactions. The legal nature of the right to suspend or refuse to perform a duty in full or in part has been clarified: the author has concluded that this is the way to protect civil rights and interests. It is noted, that the law under investigation can be applied in case of non-fulfillment of a negative obligation by the other party. \u0000At the end of the article the conclusions, made by the author as a result of the research, are stated. In particular, it is stated, that the right to suspend or refuse to perform an obligation is applied in obligations, in which the performance is not simultaneous, but provides for a certain procedure for the parties to perform their duties. The specified right can be applied in case of non-fulfillment by the other party of the obligation of the basic duty, non-fulfillment of the auxiliary duty does not give the right to suspension or refusal of performance of the duty by other party","PeriodicalId":33324,"journal":{"name":"ScienceRise Juridical Science","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74095332","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Reorganization of economic organizations as a legal institute of economic law","authors":"N. Shcherbakova","doi":"10.15587/2523-4153.2023.276366","DOIUrl":"https://doi.org/10.15587/2523-4153.2023.276366","url":null,"abstract":"The state of the process of formation of such a legal creating as “the right to reorganize economic organizations” occurs through the gradual accumulation, unification, specialization and structuring of the necessary array of regulatory rules and procedures in this area and affects the determination of the place of this legal phenomenon in the system of national law. \u0000It is established, that (1) reorganization legal relations are public relations, regulated by the norms of law that arise in the field of economic management in relation to the organization (including managing the activities) and the continuous implementation of economic activities; characterized by a special subject composition (economic organizations), a combination of organizational and property elements; reflection of private and public interests (its balancing), a significant degree of regulation, both by the state and by the subjects of these relations; (2) reorganization legal relations belong to economic legal relations by branch affiliation and constitute a kind of organizational and economic legal relations by nature. \u0000It is substantiated, that by branch affiliation (identification), on the basis of clarification of the economic and legal nature of reorganization relations and compliance of the legal instruments (method) of Economic Law, the reorganization of economic organizations is an institute of Economic Law, such a legal creating that unites an interconnected set of economic and legal norms that are intended to regulate relations that develop in the field of termination and incorporation of economic organizations by reorganization in forms: merger, accession, division, spin-off, transformation. \u0000It is determined, that in a structured form the economic and legal institute “reorganization of economic organizations” consists of interrelated and at the same time separate groups of economic and legal norms that are intended to regulate economic relations in the field of: 1) termination and incorporation of an economic organization through reorganization in appropriate forms (merger, accession, division, spin-off, transformation); 2) transfer of property rights and obligations from the legal predecessor (predecessors) to the legal successor (successors) on the basis of universal legal succession; 3) protection of the legitimate rights and interests of participants (shareholders), creditors, the state during the reorganization; 4) procedure for issuing and registering the issue of shares of joint-stock companies, which are incorporated by merger, division, spin-off, transformation, or to which accession is carried out; 5) state registration of termination and incorporation of an economic organization (economic organizations) by merger, division, transformation, or state registration of termination of an economic organization by accession and modification of constitutional documents, or state registration of incorporation of an economic organization by spin-off and modificat","PeriodicalId":33324,"journal":{"name":"ScienceRise Juridical Science","volume":"163 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73208768","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}